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Topic: Royalty free vintage photos?  (Read 4222 times)
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TeriLynn
« Reply #10 on: June 24, 2005 01:42:04 PM »

I had a couple of different books (until the SOB ex boyfriend threw all my stuff away) that were all found photos with made-up captions. I wish I could remember the names... "Found Lives" (http://www.amazon.com/exec/obidos/tg/detail/-/0879056185/qid=1119645081/sr=8-1/ref=sr_8_xs_ap_i1_xgl14/103-7818553-2948612?v=glance&s=books&n=507846)  is one. The photos are older (fifties & sixties, mostly) ones that were bought at flea markets and estate sales. I would look into the legality of doing that a little more before dismissing the idea of using them- you can find some really great ones.
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Tappanga
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« Reply #11 on: June 24, 2005 02:05:16 PM »

I had a couple of different books (until the SOB ex boyfriend threw all my stuff away) that were all found photos with made-up captions. I wish I could remember the names... "Found Lives" (http://www.amazon.com/exec/obidos/tg/detail/-/0879056185/qid=1119645081/sr=8-1/ref=sr_8_xs_ap_i1_xgl14/103-7818553-2948612?v=glance&s=books&n=507846)  is one. The photos are older (fifties & sixties, mostly) ones that were bought at flea markets and estate sales. I would look into the legality of doing that a little more before dismissing the idea of using them- you can find some really great ones.


Nocito has created new and imaginitive lives and situations for the subjects. In one, an outdoor scene under tall trees, a smiling man holds an equally smiling woman upside down in his arms. "Everyone said poor Aunt Constance was made of patience, married to a man like Roscoe. The ladies in her Bible group prayed that there'd be a moment's rest for her someday...."

That's EXACTLY what I want to do! (By the way, the caption for the image in the original post is, "Thank God someone has a camera at this, our happiest moment.") I'll have to get that book. Thanks!
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« Reply #12 on: August 11, 2005 02:37:26 PM »

BTW--- it's 72 years--- not 100 for those---  (unless that's changed since I did this research in 2001 which is likely--- scratch that- go with 100...)  And--- if the person in the photograph is dead, they no longer have rights.  Now--- if the person happens to be famous, the law gets a little fuzzy here- 'cause images are one thing- and Images are another...  If you buy an album at a fleamarket that has a picture of some depression ear dusbowlers heading west in it (lucky you)  The image would be from the 1920's- definitely older than those 72 years- and it's okay to use.  Likewise- you buy an album at an estate sale of dear old Aunt Marnie--- And inside is a delightful image of Aunt Marnie with fully pomped beehive and catseye glasses... it's YOURS.  You've BOUGHT it.  Ownership of the image and the work have been transfered to you by its sale.
When in doubt, run it through Photoshop and make a "significant" change in the image (that's all the law says- it's really strange there)- and make the resultant image YOURS.
For those that are still living, consent is required before using their image commercially in any way.  What's more- those that have foundations to prevent use of their image postumously continue to be considered "living" by the foundation carrying on existence... 
That's the easiest way of explainin' it all I think...

I generally stick to the 72 years rule--- and when I come across something from the 50's that I MUST have--- I try to tenderly ask if the person is known to be deceased...  (why people sell vintage family photos is way beyond me- I covet mine.)  I usually scan the suckers and do some serious cropping/repairing anyway--- 
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« Reply #13 on: August 11, 2005 03:08:59 PM »

BTW--- it's 72 years--- not 100 for those---  (unless that's changed since I did this research in 2001 which is likely--- scratch that- go with 100...)  And--- if the person in the photograph is dead, they no longer have rights.  Now--- if the person happens to be famous, the law gets a little fuzzy here- 'cause images are one thing- and Images are another...  If you buy an album at a fleamarket that has a picture of some depression ear dusbowlers heading west in it (lucky you)  The image would be from the 1920's- definitely older than those 72 years- and it's okay to use.  Likewise- you buy an album at an estate sale of dear old Aunt Marnie--- And inside is a delightful image of Aunt Marnie with fully pomped beehive and catseye glasses... it's YOURS.  You've BOUGHT it.  Ownership of the image and the work have been transfered to you by its sale.
When in doubt, run it through Photoshop and make a "significant" change in the image (that's all the law says- it's really strange there)- and make the resultant image YOURS.
For those that are still living, consent is required before using their image commercially in any way.  What's more- those that have foundations to prevent use of their image postumously continue to be considered "living" by the foundation carrying on existence... 
That's the easiest way of explainin' it all I think...

I generally stick to the 72 years rule--- and when I come across something from the 50's that I MUST have--- I try to tenderly ask if the person is known to be deceased...  (why people sell vintage family photos is way beyond me- I covet mine.)  I usually scan the suckers and do some serious cropping/repairing anyway--- 

Thank you very much for this info! I'm planning to use older photos and not famous subjects, so I should be clear.

Thanks again!
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« Reply #14 on: August 11, 2005 03:30:46 PM »

NP...  The same applies to works of art as well...  I just got a call today from a studio artist who did work for a client, the client called and asked for digital copies of the artist's work.  The artist wanted to know if he had to just turn them over to the client.  I gave him counsel first on client relations (if there's chances of repeat work, you prolly wanna be compliant- but if it's a one-off type of thing, well...)  There was no contract in this case- and without a contract, since he's still in posession of the work, it's still his.  There's a MAJOR lesson in that for everyone about contracts and custom artwork.  Anyway- I wanted to make sure I wasn't giving him bad advice and checked with a few others--- and posession is the rule there.  It's an original created work- and he's the creator and posessor.  Since there was no contract, the original job specs/agreement dictate the ownership-  he's a painter that painted an image for use in a printed publication.  That agreement says the painting is his- and the payment from the client was for use in a printed publication.  Without the client saying that all materials become their property- it remains an asset of the original artist.  In the end, he charged them a "Digitizing/Archiving" fee and provided a schedule of fees for further image usage- and all were happy with the arrangement.
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« Reply #15 on: August 14, 2005 12:25:49 PM »

I bought a cd on Ebay for about $14 US with about 3100 royalty free vintage photos, ads, postcards, holiday cards, etc., from a seller called Joanna Banana. She has about 3 or 4 out and gives a pretty good preview of what's on each one. They are all individual photos that you can print out at any size you want. It's great. Check it out.
Pam
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« Reply #16 on: August 14, 2005 02:23:38 PM »

I don't think using photos from art-e-zine would get you sued. Like someone mentioned, it's possible, but highly unlikely. Most pictures on art-e-zine were submitted by the person who owns it for people to use in artwork. So probably, the people wouldn't submit photos if they knew people would use them and they weren't okay with that. However, due to the whole finger-in-the-Wendy's-chillie fiasco, I wouldn't put it past some people.  Wink
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